Lawyers contentious administrative resource (2023)

Expert lawyers inSponsored linksare those who with legal knowledge in administrative law legislation and sufficient experience are dedicated to legal advice in the fieldcontentious-administrative court.

Jurisdiction Contentious-administrative jurisdiction

Articles 1 to 5 of the Contentious-Administrative Jurisdiction Law establish the powers of the contentious-administrative jurisdictional order.

The Courts and Tribunals of the contentious-administrative order will know and the Expert Lawyers inSponsored linksThey will intervene in all those claims that are deduced in relation to the actions of the Public Administrations subject to Administrative Law, with the general provisions of a lower rank than the Law and with the Legislative Decrees when they exceed the limits of the delegation.

For these purposes, public administrations shall mean:

• The General Administration of the State.
• The Administrations of the Autonomous Communities.
• The Entities that make up the local Administration.
• Public Law Entities that are dependent on or linked to the State, the Autonomous Communities or local Entities.

Other actionable acts in contentious-administrative proceedings

They will also know aboutcontentious-administrative appealswhen the claims that are deducted in relation to:

• The acts and provisions regarding personnel, the Administration (Public workersylabor staff) and asset management subject to public law adopted by the competent bodies of the Congress of Deputies, the Senate, the Constitutional Court, the Court of Accounts and the Ombudsman, as well as the Legislative Assemblies of the Autonomous Communities and the institutions analogous to the Court of Accounts and the Ombudsman.
• The acts and provisions of the General Council of the Judicial Power and the administrative activity of the Government bodies of the Courts and Tribunals, under the terms of the Organic Law of the Judicial Power.
• The performance of the electoral Administration, in the terms established in the Organic Law of the General Electoral Regime.

Special acts that can be appealed in contentious-administrative proceedings

The contentious-administrative jurisdictional order will hear the issues that arise in relation to:

• The jurisdictional protection of fundamental rights, the regulated elements and the determination of the indemnities that were appropriate, all in relation to the acts of the Government or of the Government Councils of the Autonomous Communities, whatever the nature of said acts.
• Losadministrative contractsand the acts of preparation and adjudication of the other contracts subject to the contracting legislation of the Public Administrations.
• The acts and provisions of Public Law Corporations, adopted in the exercise of public functions.
• Losadministrative actsof control or supervision dictated by the granting Administration, with respect to those dictated by the concessionaires of public services that imply the exercise of administrative powers conferred on them, as well as the acts of the concessionaires themselves when they can be appealed directly before this jurisdictional order in accordance with the corresponding sectoral legislation.
• Thepatrimonial responsibility of public administrations, whatever the nature of the activity or the type of relationship from which it derives, those cannot be sued for this reason before the civil or social jurisdictional orders, even when in the production of the damage they concur with individuals or have insurance responsibility.
• The remaining matters that are expressly attributed by Law.

Preliminary questions and incidents

The competence of the contentious-administrative jurisdictional order extends to the knowledge and decision of preliminary and incidental issues not belonging to the administrative order, directly related to a contentious-administrative appeal, except those of a constitutional and criminal nature and the provisions of international Treaties.

The decision that is pronounced will not produce effects outside the process in which it is issued and will not bind the corresponding jurisdictional order.

Exclusions from ordinary contentious-administrative jurisdiction

They do not correspond to the contentious-administrative jurisdictional order:

• The issues expressly attributed to the civil, criminal and social jurisdictional orders, even if they are related to the activity of the Public Administration.
• Hemilitary contentious-disciplinary appeal.
• Conflicts of jurisdiction between the Courts and Tribunals and the Public Administration and conflicts of powers between bodies of the same Administration.
• Direct or indirect appeals filed against the Foral Tax Regulations of the General Meetings of the Historical Territories of Álava, Guipúzcoa and Vizcaya, which will correspond exclusively to the Constitutional Court. in the terms established by the fifth additional provision of its Organic Law.

Representation and defense in contentious appeal

In their actions before single-person bodies (Contentious-Administrative Courts), the parties may grant their representation to aAttorneyand will be assisted, in any case, byLawyer.

When the parties grant their representation to the Lawyer, who should preferably be specialists in the contentious-administrative field, it will be the latter who is notified of the proceedings.

1. In his proceedings beforecollegiate bodies, the parties must confer their representation to a Solicitor and be assisted by a Lawyer.

However, public officials may appear by themselves.in defense of their statutory rights, when they refer to personnel issues that do not imply separation of immovable public employees.

The representation and defense of public administrations and constitutional bodies is governed by the provisions of the Organic Law of the Judiciary and the Law on Legal Assistance to the State and Public Institutions, as well as the regulations on the matter and in the framework of its competences have been dictated by the Autonomous Communities.

Appealable acts in contentious-administrative proceedings

The Lawyer experts in the contentious-administrative field, may carry out theSponsored links, being this admissible in relation to the provisions of a general nature and with the express and presumed acts of the public Administration that put an end to the administrative procedure, whether final or procedural, if the latter directly or indirectly decide the merits of the matter, determine the impossibility of continuing the procedure, produce defenselessness or irreparable damage to legitimate rights or interests.

The appeal against the inactivity of the Administration and against its material actions that constitute via de facto, in the terms established in this Law, is also admissible.

Filing of the contentious-administrative appeal

The Lawyer forSponsored linksThe contentious-administrative appeal will be initiated by a brief reduced to citing the disposition, act, inactivity or action constituting a factual route that is being challenged and requesting that the appeal be considered filed, except when this Law provides otherwise.

The Lawyer who is an expert in contentious-administrative judicial appeal must submit the following along with the claim or filing:

• The document that accredits the representation of the appearing party, except if it appears together with the actions of another appeal pending before the same Court or Tribunal, in which case it may be requested that certification be issued for its attachment to the records.
• The document or documents that prove the legitimacy of the actor when he holds it because it has been transmitted to him by another by inheritance or by any other title.
• The copy or transfer of the provision or of the express act that is appealed, or indication of the file in which the act has taken place or the official newspaper in which the provision has been published. If the object of the resource were the inactivity of the Administration or a de facto route, the body or dependency to which one or the other is attributed will be mentioned, where appropriate, the file in which they originated, or any other data that serves to identify sufficiently the object of the resource.
• The document or documents that prove compliance with the requirements demanded to initiate actions by legal persons in accordance with the regulations or statutes that apply to them, unless they have been incorporated or inserted as pertinent within the body of the document mentioned in the letter a) of this same section.

Ex officio review of the contentious-administrative claim

The Lawyer of the Administration of Justice, formerly the Clerk of the Court, will ex officio examine the validity of the appearance as soon as the interposition document has been presented.

If it deems that it is valid, it will admit the appeal for processing.

The contentious-administrative claim

If the documents mentioned in the previous section are not accompanied by the filing document or those presented are incomplete and, in general, whenever the Court Clerk deems that the requirements demanded by this Law for the validity of the appearance are not met, he will immediately request the rectification of the same, indicating a period of ten days for the appellant to carry it out and, if he does not do so, the Judge or Court will rule on the filing of the proceedings.

The contentious-administrative appeal of lesividad

The remedy of harmIt will be initiated by a claim formulated in accordance with article 56.1, which will precisely establish the person or persons sued and their headquarters or address if it will be stated. In any case, this demand will be accompanied by the declaration of harm, the administrative file and, if applicable, the documents of letters a) and d) of section 2 of this article.

The appeal directed against a general provision, act, inactivity or way of fact in which there are no interested third parties may also be initiated by means of a lawsuit in which the contested provision, act or conduct will be specified and its disagreement with Law will be reasoned. The demand will be accompanied by the documents that come from those provided for in section 2 of this article.

Main source of information: Law 29/1998, of July 13, regulating the Contentious-Administrative Jurisdiction.